Patriation and Its Consequences
Patriation and Its Consequences
Constitution Making in Canada
This original volume will appeal to students and scholars of political science, law, and Canadian legal history, as well as to lawyers, journalists, and politics aficionados.
Offering expert and often insider accounts of the different groups, issues, and events involved in the 1982 patriation, the contributors to this volume provide fascinating analyses that any fan of constitutional stories and development will appreciate.
[A]n interesting and engaging collection … Readers will encounter a rich set of different ideas on patriation and its complexities. Decades later, there are new things to be said about patriation, and these authors have offered a lot of new thoughts
This book takes us behind the scenes of the negotiations that lead to the patriation of the Canadian constitution. Its authors take a hard look at the aftermath, intended and unintended, of the Canada Act and the Charter of Rights that it enshrined, and ask crucially important questions for Canadian politics.
Lois Harder is a professor of political science at the University of Alberta. Her current research focuses on the law and politics of Canadian citizenship. She is the co-editor (with Steve Patten) of The Chrétien Legacy: Politics and Public Policy in Canada (McGill-Queen’s University Press, 2006). In 2008, she held a Fulbright Visiting Professorship at the University of Hawai'i; and in September 2014, she was the Eccles Centre Visiting Canadian Fellow in North American Studies at the British Library. She is currently writing a book on the birthright citizenship claims of the “Lost Canadians.”
Steve Patten is an associate professor in the Department of Political Science at the University of Alberta. His recent publications include “The Triumph of Neoliberalism within Partisan Conservatism in Canada” in Conservatism in Canada (University of Toronto Press, 2013) and “The Politics of Alberta’s One-Party State” in Transforming Provincial Politics: The Political Economy of Canada’s Provinces and Territories in a Neoliberal Era (University of Toronto Press, forthcoming). With Lois Harder, he edited The Chrétien Legacy: Politics and Public Policy in Canada (McGill-Queen’s University Press, 2006). Dr. Patten serves on the editorial board of the Review of Constitutional Studies.
Part 1: Introduction: The Significance of Constitution Making
1 Looking Back on Patriation and Its Consequences / Lois Harder and Steve Patten
2 Constituting Constitutions: The Patriation Moment / Janine Brodie
Part 2: Tracing the Long Road to Patriation
3 Constitutional Nationalism: Politics, Law, and Culture on the Road to Patriation / Eric M. Adams
4 The Evolution of the Charter / Barry L. Strayer
5 The Rise of Spectator Constitutionalism, 1967-81 / P.E. Bryden
Part 3: Shaping Patriation: Law, Political Vision, Political Actors, and Political Struggle
6 Law, Politics, and the Patriation Reference of 1981 / Philip Girard
7 The Judiciary in Trudeau’s Constitutional Vision: Intellectual Trajectory and Origins of the Charter / David Schneiderman
8 More Distress than Enchantment: The Constitutional Negotiations of November 1981 Seen from Quebec / Guy Laforest and Rosalie Readman
9 Tracking Justice: The Constitution Express to Section 35 and Beyond / Louise Mandell and Leslie Hall Pinder
10 “28 – Helluva Lot to Lose in 27 Days”: The Ad Hoc Committee and Women’s Constitutional Activism in the Era of Patriation / Marilou McPhedran, Judith Erola, and Loren Braul
Part 4: The Political and Constitutional Consequences of Patriation
11 Patriation and the Law of Unintended Consequences / Peter Russell
12 Canadian Federalism since Patriation: Advancing a Federalism of Empowerment / Alain-G. Gagnon and Alex Schwartz
13 An Indigenous Constitutional Paradox: Both Monumental Achievement and Monumental Defeat / Kiera Ladner
14 The Sad but True Story of a Shrinking Equality Opportunity Structure / Alexandra Dobrowolsky
List of Contributors; Index
